Decree Law April 5, 2012 38 - Discipline Of Substances That Deplete The Ozone Layer

Original Language Title: Decreto Legge 5 Aprile 2012 N.38 - Disciplina Delle Sostanze Che Riducono Lo Strato Di Ozono

Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17126085.html

LAW


SAN MARINO
DECREE - LAW April 5, 2012 38




We the Captains Regent of the Most Serene Republic of San Marino


In view of the necessity and urgency conditions laid down in Article 2, paragraph 2, point b) of the Constitutional Law
December 15, 2005 and 183 of Article 12 of the Qualified Law 15 December 2005 n
.184 and more specifically the need to comply with the provisions of the Recommendation
47/8 of the 47th meeting of the Committee for the Implementation of the Montreal Protocol to regulate
substances that deplete the ozone layer and the '
urgency to fulfill immediately the above recommendation that requires the regulation of
substances that deplete the ozone layer, by 31 March 2012, for the purpose of also
communication within the 48th meeting of the Committee for the Implementation of the Montreal Protocol;
Given the decision of the Congress of State no. 28 adopted at its meeting of 28 March 2012;
Considering Article 5, paragraph 2, of the Constitutional Law no. 185/2005 and Article 9 and Article 10, paragraph 2,
of Qualified Law n.186 / 2005;
We promulgate and send for publishing the following Decree-Law:



DISCIPLINE OF SUBSTANCES THAT REDUCE THE OZONE LAYER

CHAPTER I GENERAL PROVISIONS




Art.
1 (Scope)

1. This decree-law sets out the rules on production, import, export
, placing on the market, use, recovery, recycling, reclamation and destruction of
substances that deplete the ozone layer, on the reporting of information on these substances and
import, export, placing on the market and use of products and
equipment containing or relying on those substances.


Art.
2 (Definitions)

1. For the purposes of this Decree-Law shall mean:
1
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a) 'Protocol' means the 1987 Montreal Protocol on substances that deplete the ozone layer
, as last amended and adjusted;
B) 'Party' means any party to the Protocol;
C) 'State not party to the Protocol', with respect to a particular controlled substance, a State or
a regional economic integration organization that has not agreed to be bound by the provisions of the Protocol
applicable to that substance;
D) 'controlled substances' means substances listed in Annex I, including their isomers, whether alone or in a mixture
, virgin, recovered, recycled or reclaimed;
E) 'chlorofluorocarbons' means the controlled substances listed in Group I of Annex I, including their isomers
;
F) 'halons' means the controlled substances listed in Group III of Annex I, including their isomers;
G) 'carbon tetrachloride' means the controlled substance specified in Group IV of Annex I;
H) 'methyl bromide' means the controlled substance specified in Group VI of Annex I;
I) 'hydrochlorofluorocarbons' means the controlled substances listed in Group VIII of Annex I, including their isomers
;
J) 'new substances' means substances listed in Annex II, whether alone or in mixtures, virgin, recovered, recycled or reclaimed
;
K) 'raw material' means any controlled substance or new substance that undergoes chemical transformation
through a process in which his original composition is entirely
and whose emissions are insignificant;
L) 'producer' means any natural or legal person producing controlled substances or new substances
within the territory of the Republic;
M) 'production' means the amount of controlled substances or new substances, including
amount produced, intentionally or inadvertently, as a by-product unless that
product is destroyed during the manufacturing process or according to a documented procedure
ensure its compliance with EU and national legislation
waste. They are not considered as "production" amount recovered, recycled or reclaimed
, nor shall any insignificant amount unavoidably incorporated in products in trace quantities
or emitted during manufacturing;
N) 'ozone-depleting potential "or" ODP "means the figure specified in Annexes I and II,
expressing the potential effect of each controlled substance or new substance on the ozone layer
;
O) 'import' means the entry of substances, products and equipment covered by this
decree law in the territory of the Republic of San Marino;
P) 'export' means the exit from the territory of the Republic of San Marino, of substances, products and
equipment covered by this Decree-Law;

Q) 'placing on the market' means the supplying or making available to third parties within the territory of the Republic of San Marino
, against payment or for free. As regards the
products and equipment that are part of buildings or means of transport, this only applies
for the supply or the making available for the first time;
R) 'use' means the utilization of controlled substances or new substances in the production, maintenance or
assistance, including refilling, of products and equipment or in other processes;
S) 'heat pump' means a device or installation that extracts heat at low temperatures,
water or earth and supplies heat;
T) 'recovery' means the collection and storage of controlled substances from products and
equipment or containers during maintenance or servicing
or before disposal;
U) 'recycling' means the reuse of a recovered controlled substance following a process of performing basic cleaning
;
V) 'reclamation' means the reprocessing of a recovered controlled substance in order to obtain the
equivalent performance of a virgin substance, taking into account its intended use;
W) 'undertaking' means any natural or legal person who:
1) produces, recovers, recycles, reclaims, uses or destroys controlled substances or new substances
;
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2) imports such substances;
3) exports such substances;
4) places such substances on the market;
5) operates refrigeration, air conditioning or heat pumps,
or fire protection systems, which contain controlled substances;
X) 'products and equipment relying on controlled substances' means products and equipment
do not function without controlled substances, not including those products and equipment used
for the production, treatment, recovery, recycling, reclamation or destruction of controlled substances
;
Y) "virgin substances' means substances which have not previously been used;
Z) 'products and equipment' means all products and equipment except containers
used for the transportation or storage of controlled substances.

CHAPTER II PROHIBITIONS




Art.
3 (Production of controlled substances and new substances)

1. It is prohibited the production of controlled substances and new substances.


Art. 4
(Placing on the market and use of controlled substances, new substances and of products and
equipment containing or relying on those substances)

1. The placing on the market and use of controlled substances and new substances,
well as products and equipment containing or relying on those substances, except on the marketing and use of
controlled substances, to new substances and of products and
equipment containing or relying on those substances, authorized under Article 5, paragraph 1
and articles 6, 7 and 8.



CHAPTER III EXEMPTIONS AND EXCEPTIONS


Art. 5
(laboratory use and analytical)

1. Notwithstanding the provisions of Article 4 may be placed on the market and used for
laboratory use and analytical purposes the following controlled substances and new, as well as the products and
equipment containing or relying on controlled substances :
a) controlled substances other than hydrochlorofluorocarbons for essential uses
indicated in Annex III;
B) hydrochlorofluorocarbons;
C) new substances.
2. Businesses that want to use, for laboratory and analytical,
controlled substances, new substances as well as products and equipment containing or relying on those substances
, must give prior notice to the Office for Environmental Prevention (of following
UPA), indicating the substances, products and equipment used, the purpose, the estimated annual consumption and the suppliers
, updating this information when changes occur.
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Art. 6
(Placing on the market and use of hydrochlorofluorocarbons)

1. Until 31 December 2014, uniformly to Regulation (EC) No. 1005/2009, you can enter
reclaimed hydrochlorofluorocarbons on the market and used for maintenance or
servicing of refrigeration and air conditioning equipment and heat pumps existing
, provided that the container is provided with label complies with European Union legislation
.
2. Until 31 December 2014, uniformly to Regulation (EC) No. 1005/2009,
, recycled hydrochlorofluorocarbons may be used for the maintenance or servicing of
refrigeration and air-conditioning and heat pumps exist, provided

Have been recovered from such equipment and may only be used by the firm which
carried out the recovery as part of maintenance or servicing or on whose behalf it was carried out the recovery as part
of maintenance or servicing.


Art. 7
(emergency uses of methyl bromide)

1. In an emergency, if it is necessary to unexpected outbreaks of particular pests or diseases
, the Department of Prevention and Civil Protection,
may temporarily authorize the use of methyl bromide for a period not exceeding
120 days and specifying the measures to be taken in order to reduce emissions during use.


Art. 8
(Critical uses of halon)

1. Notwithstanding the provisions of art. 4, paragraph 1, halons may be placed on the market
and used for critical uses set out in Annex VI of Regulation (EC) No.
1005/2009 of the European Parliament and of the Council as amended by Commission Regulation (EU) No.
744/2010 of the European Commission.

CHAPTER IV MARKETING




Art. 9
(Import and export of controlled substances, new substances and of products and
equipment containing or relying on those substances)

1. They are prohibited imports and exports of controlled substances, new substances or
products and equipment, other than personal effects, containing or relying on those substances
.
2. The prohibition referred to in paragraph 1 shall not apply to imports and exports of controlled substances
, new substances or products and equipment containing or relying on those
substances that are intended for uses allowed under Articles 5, 6, 7 and 8.
3. Imports and exports referred to in paragraph 2 shall be subject to the prior issue of
authorization, subject to the provisions of Article 10, by the UPA, within 30 days of receipt of a complete application
of all documentation .
4. Requests for authorization shall be submitted to the UPA with the following data:
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a) the name and address of the importer or exporter;
B) the name, address and country of the supplier or the buyer;
C) a detailed description of the substance, product or equipment.
5. If the application is deficient documents or need clarification instructors, such
documents or documents must be submitted within 30 days of the request made by the UPA.


Art. 10
(Trade with States not party to the Protocol and a territory not covered by the Protocol)

1. Have banned the import and export of controlled substances, new substances and
products and equipment containing or relying on those substances, to and from states that do not
Parties to the Protocol.



CHAPTER V EMISSION CONTROL


Art. 11
(Recovery and destruction of used controlled substances)

1. Controlled substances contained in refrigeration, air-conditioning and heat pumps
, equipment containing solvents or fire protection systems and fire extinguishers
are recovered, during the maintenance or servicing of
equipment or before the dismantling or disposal of equipment are to be destroyed
or for recycling or reclamation.
2. Controlled substances contained in products and equipment other than those mentioned in
paragraph 1 shall, if technically and economically feasible, for destruction, recycling or reclamation
. 3
. Substances that are intended for destruction and the products that contain these substances
must be disposed of in accordance with Community and national legislation on waste.


Art. 12
(Leakages and emissions of controlled substances)

1. Undertakings shall take all precautionary measures practicable to prevent and minimize
leakages and emissions of controlled substances.


Art. 13
(Surveillance & Monitoring)

1. The UPA performs the supervision and monitoring of compliance with provisions of this Decree-Law
and activates its own initiative or at the request or on the recommendation of every other organ and
public body, the professional organizations or private, with, where
necessary, of the Police Forces.
2. The UPA finds violations of this decree-law and apply the penalties provided for in Article 15 administrative
by issuing the payment, by
notified, under penalty of forfeiture, the offender by means of service Postal or bailiff
within sixty days as from.


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Art.
14 (Penalties)

1. Subject to the exceptions and derogations provided for in this Decree-Law, the production of new substances and
subsidiaries pursuant to Article 3, the placing on the market and use of controlled substances and new substances as well
of products and equipment containing or relying on controlled substances
according to Article 4, imports and exports of controlled substances, or
new products and equipment in accordance with Article 9 shall be punished by imprisonment of 1 degree.
2. In case of recidivism, the penalties are increased by one degree.


Art. 15
(Administrative penalties)

1. Unless the fact constitutes a more serious offense and subject to the powers provided for by current
rules on administrative sanctions, the UPA has the power to impose sanctions on the basis of administrative
supervisory and control referred to in Article 13. upper
2. It applies the administrative fine:
a) in case of failure to notify referred to in Article 5 from € 250.00 to € 1,500.00;
B) in case of sale of products without labeling or with incomplete labeling required by Article 6
from € 250,00 to € 1,500.00;
C) in case of failure to request authorization referred to in Articles 7 and 9 from € 1,000.00 to €
10,000.00;
D) in case of non compliance with the obligations referred to in Article 11 from € 1,000.00 to € 10,000.00. 3
. In determining the amount of administrative fines must
account the hazards of the substance (ODP) and the amount of gas leaked.
4. In case of relapse the penalties are doubled in both maximum and minimum as
is not permitted to conduct a voluntary oblation faculties referred to in Article 33 paragraph 1
letter a) Law 68/89.



Given at Our Residence, this day of April 5 2012/1711 dFR



THE CAPTAINS REGENT
Maurizio Rattini - Italo Righi





THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta


ANNEX I CONTROLLED SUBSTANCES


Group Substance Potential ozone reduction

(1)
CFCl3 Group I CFC-11, trichlorofluoromethane 1.0
CF2Cl2 CFC-12 Dichlorodifluoromethane 1.0
C2F3Cl3 CFC-113 trichlorotrifluoroethane 0.8
C2F4Cl2 CFC-114 dichlorotetrafluoroethane 1.0
C2F5Cl CFC-115 chloropentafluoroethane 0.6
Group II CF3Cl CFC-13 chlorotrifluoromethane 1.0
C2FCl5 CFC-111 Pentaclorofluoroetano 1.0
C2F2Cl4 CFC-112 Tetraclorodifluoroetano 1.0
C3FCl7 CFC-211 Eptaclorofluoropropano 1.0
C3F2Cl6 CFC-212 Esaclorodifluoropropano 1.0
C3F3Cl5 CFC-213 Pentaclorotrifluoropropano 1.0
C3F4Cl4 CFC-214 Tetraclorotetrafluoropropano 1.0
C3F5Cl3 CFC-215 Tricloropentafluoropropano 1.0
C3F6Cl2 CFC-216 Dicloroesafluoropropano 1.0
C3F7Cl CFC-217 Cloroeptafluoropropano 1.0
Group III CF2BrCl halon-1211 bromochlorodifluoromethane 3.0
CF3Br halon-1301 bromotrifluoromethane 10.0
C2F4Br2 halon-2402 dibromotetrafluoroethane 6.0
Group IV CCl4 CTC Tetrachloromethane (carbon tetrachloride) 1.1
C2H3Cl3 Group V (2) 1,1,1-TCA 1,1,1-trichloroethane (methyl chloroform) 0.1
CH3Br Group VI methyl bromide Bromomethane 0.6
Group VII CHFBr2 HBFCs-21 B2 Dibromofluorometano 1.00
CHF2Br HBFCs-22 B1 Bromodifluorometano 0.74
CH2FBr HBFCs-31 B1 bromofluoromethane 0.73
C2HFBr4 HBFCs-121 B4 Tetrabromofluoroetano 0.8
C2HF2Br3 HBFCs-122 B3 Tribromodifluoroetano 1.8
C2HF3Br2 HBFCs-123 B2 Dibromotrifluoroetano 1.6
C2HF4Br HBFCs-124 B1 Bromotetrafluoroetano 1.2

Group Substance Potential ozone reduction

(1)
C2H2FBr3 HBFCs-131 B3 Tribromofluoroetano 1.1
C2H2F2Br2 HBFCs-132 B2 Dibromodifluoroetano 1.5
C2H2F3Br HBFCs-133 B1 Bromotrifluoroetano 1.6
C2H3FBr2 HBFCs-141 B2 Dibromofluoroetano 1.7
C2H3F2Br HBFCs-142 B1 Bromodifluoroetano 1.1
C2H4FBr HBFCs-151 B1 Bromofluoroetano 0.1
C3HFBr6 HBFCs-221 B6 Esabromofluoropropano 1.5
C3HF2Br5 HBFCs-222 B5 Pentabromodifluoropropano 1.9
C3HF3Br4 HBFCs-223 B4 Tetrabromotrifluoropropano 1.8
C3HF4Br3 HBFCs-224 B3 Tribromotetrafluoropropano 2.2
C3HF5Br2 HBFCs-225 B2 Dibromopentafluoropropano 2.0
C3HF6Br HBFCs-226 B1 Bromoesafluoropropano 3.3
C3H2FBr5 HBFCs-231 B5 Pentabromofluoropropano 1.9
C3H2F2Br4 HBFCs-232 B4 Tetrabromodifluoropropano 2.1
C3H2F3Br3 HBFCs-233 B3 Tribromotrifluoropropano 5.6
C3H2F4Br2 HBFCs-234 B2 Dibromotetrafluoropropano 7.5
C3H2F5Br HBFCs-235 B1 Bromopentafluoropropano 1.4
C3H3FBr4 HBFCs-241 B4 Tetrabromofluoropropano 1.9
C3H3F2Br3 HBFCs-242 B3 Tribromodifluoropropano 3.1
C3H3F3Br2 HBFCs-243 B2 Dibromotrifluoropropano 2.5
C3H3F4Br HBFCs-244 B1 Bromotetrafluoropropano 4.4
C3H4FBr3 HBFCs-251 B1 Tribromofluoropropano 0.3

C3H4F2Br2 HBFCs-252 B2 dibromodifluoropropane 1.0
C3H4F3Br HBFCs-253 B1 Bromotrifluoropropano 0.8
C3H5FBr2 HBFCs-261 B2 Dibromofluoropropano 0.4
C3H5F2Br HBFCs-262 B1 Bromodifluoropropano 0.8
C3H6FBr HBFCs-271 B1 Bromofluoropropano 0.7
Group VIII CHFCl2 HCFC-21 (3) Diclorofluorometano 0,040
CHF2Cl HCFC-22 (3) Chlorodifluoromethane 0,055
CH2FCl HCFC-31 chlorofluoromethane 0,020
C2HFCl4 HCFC-121 Tetraclorofluoroetano 0,040

Group Substance Potential ozone reduction

(1)
C2HF2Cl3 HCFC-122 Triclorodifluoroetano 0,080
C2HF3Cl2 HCFC-123 (3) dichlorotrifluoroethane 0,020
C2HF4Cl HCFC-124 (3) chlorotetrafluoroethane 0,022
C2H2FCl3 HCFC-131 Triclorofluoroetano 0,050
C2H2F2Cl2 HCFC-132 Diclorodifluoroetano 0,050
C2H2F3Cl HCFC-133 Clorotrifluoroetano 0,060
C2H3FCl2 HCFC-141 Diclorofluoroetano 0,070
CH3CFCl2 HCFC-141b (3) 1,1-Dichloro-1-fluoroethane 0,110
C2H3F2Cl HCFC-142 Clorodifluoroetano 0,070
CH3CF2Cl HCFC-142b (3) 1-Chloro-1,1-difluoroethane 0.065
C2H4FCl HCFC-151 Clorofluoroetano 0,005
C3HFCl6 HCFC-221 Esaclorofluoropropano 0,070
C3HF2Cl5 HCFC-222 Pentaclorodifluoropropano 0,090
C3HF3Cl4 HCFC-223 Tetraclorotrifluoropropano 0,080
C3HF4Cl3 HCFC-224 Triclorotetrafluoropropano 0,090
C3HF5Cl2 HCFC-225 Dicloropentafluoropropano 0,070
CF3CF2CHCl2 HCFC-225ca (3) 3,3-dichloro-1,1,1,2,2-Pentafluoropropane 0,025
CF2ClCF2CHClF HCFC-225cb (3) 1,3-dichloro-1,1,2,2,3-Pentafluoropropane 0,033
C3HF6Cl HCFC-226 Cloroesafluoropropano 0,100
C3H2FCl5 HCFC-231 Pentaclorofluoropropano 0,090
C3H2F2Cl4 HCFC-232 Tetraclorodifluoropropano 0,100
C3H2F3Cl3 HCFC-233 Triclorotrifluoropropano 0,230
C3H2F4Cl2 HCFC-234 Diclorotetrafluoropropano 0,280
C3H2F5Cl HCFC-235 Cloropentafluoropropano 0,520
C3H3FCl4 HCFC-241 Tetraclorofluoropropano 0,090
C3H3F2Cl3 HCFC-242 Triclorodifluoropropano 0,130
C3H3F3Cl2 HCFC-243 Diclorotrifluoropropano 0,120
C3H3F4Cl HCFC-244 Clorotetrafluoropropano 0,140
C3H4FCl3 HCFC-251 Triclorofluoropropano 0,010
C3H4F2Cl2 HCFC-252 Diclorodifluoropropano 0,040
C3H4F3Cl HCFC-253 Clorotrifluoropropano 0,030

Group Substance Potential ozone reduction

(1)
C3H5FCl2 HCFC-261 Diclorofluoropropano 0,020
C3H5F2Cl HCFC-262 Clorodifluoropropano 0,020
C3H6FCl HCFC-271 Clorofluoropropano 0,030
Group IX BCM CH2BrCl Bromochloromethane 0.12

(1) The figures relating to ozone-depleting potential are estimates based on existing
knowledge and will be reviewed and revised periodically in the light of decisions taken by the parties
.
(2) This formula does not refer to 1,1,2-trichloroethane.
(3) Identifies the most effective substance from a commercial point of view, as required by the Protocol
. ANNEX II NEW SUBSTANCES





Substance Potential reduction of ozone
(1)
CBr2F2 Dibromodifluoromethane (halon-1202) 1,25
C3H7Br 1-Bromopropane (n-propyl bromide) 0,02- 0.10
C2H5Br bromoethane (ethyl bromide) 0.1-0.2
CF3I Trifluoroiodometano (trifluoromethyl iodide) 0.01-0.02
CH3Cl Chloromethane (methyl chloride) 0,02

(1) The figures relating to ozone-depleting potential are estimates based on existing knowledge and
will be reviewed and revised periodically in the light of decisions taken by the parties. ANNEX III



Essential laboratory and analytical uses of controlled substances other than hydrochlorofluorocarbons

1. The following uses of controlled substances other than hydrochlorofluorocarbons are considered
essential laboratory and analytical uses:
a) the use of controlled substances as a reference or standard
- to calibrate equipment which uses controlled substances,
- to monitor emission levels of controlled substances,
- to determine residue levels of controlled substances in goods, plants and commodities;
B) the use of controlled substances in laboratory toxicological studies;
C) laboratory uses in which the controlled substance is transformed by a chemical reaction
as controlled substances used as feedstock;
D) the use of methyl bromide inside a laboratory to compararne-effectiveness
its alternatives;
E) the use of carbon tetrachloride as a solvent for bromination reactions comprising
N-bromosuccineimide;
F) the use of carbon tetrachloride as chain transfer agent in the polymerization reactions of
free radical;
G) any other laboratory and analytical use for which it is not available
a feasible technically and economically.
2. The following uses of controlled substances other than hydrochlorofluorocarbons are not

Considered as essential laboratory and analytical uses:
a) used in refrigeration and air conditioning equipment used in
laboratories, including refrigerated laboratory equipment such as ultra-centrifuges;
B) cleaning, reworking, repair, or rebuilding of electronic components or assemblies;
C) preservation of publications and archives;
D) sterilization of materials in a laboratory;
E) use in primary and secondary schools;
F) as components of kits for chemical experiments available to the general public and
not intended for use in higher education institutions;
G) for purposes of cleaning and drying, including the removal of grease from glassware and other
products;
H) to determine the presence of hydrocarbons, oils and fats in the water, in the ground, in the air or in the waste
;
I) testing of tar in road paving materials;
J) detection of fingerprints for legal purposes;
K) testing of organic matter in coal;
L) as a solvent to determine the index of cyanocobalamin (vitamin B12) and bromine;

1 m) in methods that use the selective solubility in the controlled substance, including the determination of
cascarosides, thyroid extracts, and the formation of picrates;
N) to preconcentrate analytes in chromatographic methods (for example, liquid chromatography
high yield (HPLC), gas chromatography (GC), for adsorption chromatography),
atomic absorption spectroscopy (AAS),
spectrometry inductively coupled plasma (ICP), X-ray fluorescence analysis;
Or) to determine the iodine index in fats and oils;
P) any other laboratory and analytical use for which alternative is available
feasible technically and economically.

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